John A. Malone and Brenda K. Malone - Page 17

                                       - 17 -                                         

               Petitioners' purchase of Seattle Pump stock is not a trade             
          or business.  The Internal Revenue Code does not define trade or            
          business for this purpose.  Commissioner v. Groetzinger, 480 U.S.           
          23, 27 (1987);  Estate of Yaeger v. Commissioner, 889 F.2d 29, 33           
          (2d Cir. 1989), affg. T.C. Memo 1988-264.  "[T]o be engaged in a            
          trade or business, the taxpayer must be involved in the activity            
          with continuity and regularity and * * * the taxpayer's primary             
          purpose for engaging in the activity must be for income or                  
          profit."  Commissioner v. Groetzinger, supra at 35.  The                    
          ownership of stocks and bonds is not generally a trade or                   
          business under section 162.  Higgins v. Commissioner, 312 U.S.              
          212 (1941)(managing securities investments and collecting income            
          therefrom generally is not a trade or business, regardless of the           
          amount invested, continuity of effort, or amount of time devoted            
          to the activity).  The purchase of the stock of one company is              
          not ordinarily an activity of an ongoing trade or business.  Id.            
          There is no evidence that petitioners bought any stock other than           
          that of Seattle Pump or that were in a trade or business of                 
          buying stock.  Devoting one's time and energies to the affairs of           
          a corporation is generally not, of itself, a trade or business of           
          the person so engaged.  Whipple v. Commissioner, 373 U.S. 193,              
          202 (1963).                                                                 
               We conclude that petitioners held the Seattle Pump stock as            
          an investment, not as part of a trade or business.  Thus, the               





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